Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Spartanburg, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

  • Walk You Through the Aspects of Your Probate Case
  • Prepare and File All Necessary Paperwork by the Mandated Deadlines
  • Help You Stay Abreast of Requirements and Responsibilities
  • Identify Estate Assets
  • Help Pay Debts and Bills
  • Transfer Assets to the Appropriate Parties
  • Assist with Estate Disputes
  • Resolve Income Tax Issues
  • Advise You of Your Rights
  • Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

Probate Lawyer Spartanburg, SC

About The Cobb Hammett Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Spartanburg, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at Cobb Hammett, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets Cobb Hammett apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Spartanburg, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

lm-head-start

Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

lm-head-start

Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
Probate Attorney Spartanburg, SC
Probate Lawyer Spartanburg, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
lm-head-start

Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Spartanburg, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

rm-widget-icon.png

What Our Clients Say

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Spartanburg, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

Legal Consultation

Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in Spartanburg, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact Cobb Hammett, LLC, today.

Contact Us

phone-number 843-936-6680

Latest News in Spartanburg, SC

Spartanburg Sc motel shooting triggers AMBER Alert as deputies confirm one injured and no custody

SPARTANBURG COUNTY, S. C. (Friday, ET) — A shooting at a Spartanburg County motel has escalated from an on-scene response into a broader search effort after authorities issued an AMBER Alert tied to the incident. deputies were sent to the Rodeway Inn on New Cut Road around 11: 36 a. m., where one person was injured. As of the latest official update, no one is in custody, underscoring that the situation remains active as investigators work to develop leads in spartanburg sc.What officials have c...

SPARTANBURG COUNTY, S. C. (Friday, ET) — A shooting at a Spartanburg County motel has escalated from an on-scene response into a broader search effort after authorities issued an AMBER Alert tied to the incident. deputies were sent to the Rodeway Inn on New Cut Road around 11: 36 a. m., where one person was injured. As of the latest official update, no one is in custody, underscoring that the situation remains active as investigators work to develop leads in spartanburg sc.

What officials have confirmed so far in Spartanburg Sc

The Spartanburg County Sheriff’s Office said it is responding to a shooting at a motel on Friday. Deputies said one person was hurt at the Rodeway Inn on New Cut Road around 11: 36 a. m. (ET). Authorities also stated that no one was in custody at the time of the update.

Shortly before 3 p. m. (ET), authorities issued an AMBER Alert connected to the incident. The alert included a vehicle description: they are looking for a white 2010 Mitsubishi Outlander with South Carolina tag 669BMX.

AMBER Alert issuance adds urgency to the investigation

The decision to issue an AMBER Alert several hours after the initial call signals that investigators are treating the incident as more than an isolated shooting scene. While officials have not released additional details in the publicly available update, the alert indicates law enforcement is seeking rapid public awareness around a specific vehicle believed to be relevant.

In practical terms, an AMBER Alert changes the operating tempo of a case: it extends attention beyond the motel property, focuses the public on an actionable identifier, and can widen the search area as tips and sightings are evaluated. At this stage, officials have not announced an arrest, and the lack of a person in custody keeps the outcome uncertain in spartanburg sc.

What remains unknown and what to watch next

Authorities have not publicly provided the condition of the injured person beyond confirming that one individual was hurt. Officials also have not disclosed information on a suspect, a motive, or the circumstances that led to the shooting at the Rodeway Inn. The AMBER Alert announcement did not include additional narrative details in the available statement.

Key developments that would clarify the scope of the event include any official confirmation of who is connected to the white 2010 Mitsubishi Outlander with tag 669BMX, whether investigators have a description of a person of interest, and whether additional safety guidance is issued. For now, the confirmed facts remain limited to the response time, the location, the injury, the absence of custody, and the AMBER Alert vehicle information connected to the case in spartanburg sc.

Obituary For Jaylin Nicole Simpson

Jaylin Nicole Simpson was born February 11, 2018 to Jacosha Simpson and Jamarcus Wade. In her 8 years of life, she found many joys in her family, her friends and her faith. Jaylin loved attending church with her grandmother at Macedonia Missionary Baptist Church, her great-grandmother at Greater New Hope, and even would join her grandfather at Greater Target AME Church in Hollyhill, SC.Aside from her faith, Jaylin enjoyed all things creative, girly and cats. She drew pictures and made dolls out of everything she could find. Her love f...

Jaylin Nicole Simpson was born February 11, 2018 to Jacosha Simpson and Jamarcus Wade. In her 8 years of life, she found many joys in her family, her friends and her faith. Jaylin loved attending church with her grandmother at Macedonia Missionary Baptist Church, her great-grandmother at Greater New Hope, and even would join her grandfather at Greater Target AME Church in Hollyhill, SC.

Aside from her faith, Jaylin enjoyed all things creative, girly and cats. She drew pictures and made dolls out of everything she could find. Her love for music was just as strong. She loved to record videos of her and her friends doing day to day things. She spent the most time with her cousins. She was a very bright student as well and although she didn't like school, she excelled. She loved to travel and see new places, on her list of must sees was New York and Paris.

Jaylin knew how to be the boss and even had a couple of babies of her own: Hailey, Bailey, Kaylie, Aylie and Lolie.

In addition to her parents, left to cherish fond and loving memories are: maternal grandparents, Rita Simpson and James (Renee) McKissick; paternal grandparents, Jamie Fuller and Marcus Wade; great-grandparents, Deloris and Henry James and Lettie Fuller; aunts, Markesha Fuller, Tynesha (Jaylin) Hynes and Klarke McKissick; brothers, Kace and Koree McCreary; cousins, Angela Wallace and Cameron Fuller; godmothers, Briana McCreary and Mariah Chapel; and a host of cousins and extended family members she also loved dearly.

She was preceded in death by: her aunt, Victoria Fuller and her uncle, Jeremiah Gilliam.

Jaylin lived a wonderful 8 years and was loved by everyone she held dear, and she loved us all as well. Please keep Baby Jaylin ,"Sugar Sugar", our sweet girl in your thoughts and prayers.

Funeral Services will be held on Sunday, March 22, 2026 at 2:00 p.m. at Macedonia Missionary Baptist Church, Spartanburg, SC. Burial will be in the Heritage Memorial Gardens, Roebuck, SC.

Public Viewing will be held on Saturday, March 20, 2026 from 5:00 p.m. - 8:00 p.m. at The John Stinson Woodward Memorial Chapel.

In Honor of Jaylin's love for tea parties, the family kindly requests tea party attire for her homegoing celebration.

South Carolina weather: Damaging winds, isolated tornadoes and hail possible

Severe storms are possible Sunday and Monday across the Upstate of South Carolina, western North Carolina, and northeast Georgia, with threats including damaging straight-line winds, isolated tornadoes, large hail, and heavy rain.Live radar:Severe threat Monday:MONDAY: Impact Day due to severe storm potentialKeep up with what's happening around our area by downloading the WYFF News 4 app on the App Store or Google Play....

Severe storms are possible Sunday and Monday across the Upstate of South Carolina, western North Carolina, and northeast Georgia, with threats including damaging straight-line winds, isolated tornadoes, large hail, and heavy rain.

Live radar:

Severe threat Monday:

MONDAY: Impact Day due to severe storm potential

Keep up with what's happening around our area by downloading the WYFF News 4 app on the App Store or Google Play.

*** A burst of snow is likely in WNC by the afternoon as the front departs. Light accumulation, mainly on elevated surfaces, is possible. ***

The wind will pick up behind Monday's powerful cold front. A Wind Advisory is in place for the highlighted areas above 3500 feet in western North Carolina. Wind gusts of 50-60 mph are expected.

TUESDAY: Impact Day due to frigid temperatures & wind chills

WEDNESDAY: Impact Day due to another cold morning. Lows in the teens & 20s.

The WYFF News 4 weather team has been independently certified for having the most accurate forecast in the Greenville-Spartanburg-Asheville-Anderson market for the second year in a row.

"Our goal every day, in every forecast is accuracy," said WYFF 4 President and General Manager Blake Bridges. "Our expert weather team is dedicated to giving viewers a forecast they can trust to be right. We are also the only station in the market with our own 24/7 live radar, Live Super Doppler 4. It’s clear that WYFF News 4 is the weather leader in this market."

The certification comes from WeatheRate, an independent research firm that tracks forecasts from every station in multiple markets across the country.

"Everyone knows that forecasting the weather around here is difficult with the Upstate and mountains," said WeatheRate President Bruce Fixman. "The station that gets the forecast right more than anyone else is Chief Meteorologist Chris Justus and the WYFF News 4 weather team."

South Carolina: Damaging winds, isolated tornadoes, hail and heavy rain possible

GREENVILLE, S.C. —Severe storms are possible on Monday in the Upstate of South Carolina, western North Carolina and northeast Georgia.Storms may produce damaging, straight-line winds, isolated tornadoes, large hail and heavy rain.Live radar:Severe threat Monday:MONDAY: Impact Day due to severe storm potentialDownload the free WYFF News 4 App to receive weather alerts. Be sure your notifications are turned ON.*** A burst of ...

GREENVILLE, S.C. —

Severe storms are possible on Monday in the Upstate of South Carolina, western North Carolina and northeast Georgia.

Storms may produce damaging, straight-line winds, isolated tornadoes, large hail and heavy rain.

Live radar:

Severe threat Monday:

MONDAY: Impact Day due to severe storm potential

Download the free WYFF News 4 App to receive weather alerts. Be sure your notifications are turned ON.

*** A burst of snow is likely in WNC by the afternoon as the front departs. Light accumulation, mainly on elevated surfaces, is possible. ***

The wind will pick up behind Monday's powerful cold front. A Wind Advisory is in place for the highlighted areas above 3500 feet in western North Carolina. Wind gusts of 50-60 mph are expected.

TUESDAY: Impact Day due to frigid temperatures & wind chills

WEDNESDAY: Impact Day due to another cold morning. Lows in the teens & 20s.

The WYFF News 4 weather team has been independently certified for having the most accurate forecast in the Greenville-Spartanburg-Asheville-Anderson market for the second year in a row.

"Our goal every day, in every forecast is accuracy," said WYFF 4 President and General Manager Blake Bridges. "Our expert weather team is dedicated to giving viewers a forecast they can trust to be right. We are also the only station in the market with our own 24/7 live radar, Live Super Doppler 4. It’s clear that WYFF News 4 is the weather leader in this market."

The certification comes from WeatheRate, an independent research firm that tracks forecasts from every station in multiple markets across the country.

"Everyone knows that forecasting the weather around here is difficult with the Upstate and mountains," said WeatheRate President Bruce Fixman. "The station that gets the forecast right more than anyone else is Chief Meteorologist Chris Justus and the WYFF News 4 weather team."

BMW discriminated against employee for being American, jury says with $5M verdict

SPARTANBURG — A jury delivered a $5.1 million verdict against BMW last month after determining the Spartanburg plant discriminated against an American employee on the basis of her nationality, in violation of federal Title VII protections.Kelly Dawsey of Greenville left her job in 2021 after learning of a reorganization that replaced her German boss with an American one, according to court records.BMW had a long-standing policy mandating alternate German and domestic positions among senior managers, court records said, wh...

SPARTANBURG — A jury delivered a $5.1 million verdict against BMW last month after determining the Spartanburg plant discriminated against an American employee on the basis of her nationality, in violation of federal Title VII protections.

Kelly Dawsey of Greenville left her job in 2021 after learning of a reorganization that replaced her German boss with an American one, according to court records.

BMW had a long-standing policy mandating alternate German and domestic positions among senior managers, court records said, where no two consecutive managers in the chain of command could be American.

For Dawsey, getting an American boss meant the company would have to replace her with a German. Indeed, the company had made plans to replace Dawsey with a German and transfer her to a new role, court records said.

She left before being offered any alternative position and filed the suit in October 2022. It went to trial this year, where a jury agreed that BMW discriminated against her because she was American.

The jury awarded her $100,000 in compensatory damages and $5 million in punitive damages. But since the damages in employment discrimination cases are capped at $300,000, that’s likely all she will receive, plus possible economic damages in the form of lost or future wages.

“We were surprised and disappointed by the outcome,” BMW spokesman Steve Wilson said in an email. “While we disagree, we respect the jury’s decision. We are currently evaluating potential post-trial and appellate options.”

Dawsey’s attorney, Brian Murphy, did not respond to requests for comment.

But Jeremy Summerlin, a Greenville employment attorney who followed the case, said the verdict was a rare occurrence for several reasons.

Nationality-based discrimination claims are less common than sex-based, race-based, age-based or disability-based claims, according to U.S. Equal Employment Opportunity Commission statistics. When they do occur, he said, they usually don’t come from Americans. And generally, employment cases are settled before they get to a jury.

“You don’t see a lot of cases like this go to trial,” said Summerlin, who wrote about the case in his own blog. “Something like 97 percent of cases are going to be settled or dismissed at summary judgment before trial.”

Dawsey began working at BMW in 1995 and had worked her way up to department manager for human resources planning and steering, which reports directly to the vice president of human resources.

Before a planned reorganization, the vice president was a German national. When the German left, an American was brought in to fill the role.

Dawsey learned that a reorganization was in the works in the spring of 2021. In early September, before she learned she would be replaced by a German national, she reached out to a recruiter to look for other jobs.

BMW argued in a motion for summary judgment that Dawsey didn’t have a case, in part because she was looking to leave her position before she learned who was replacing her, and that her job transfer would be a lateral move.

In a motion opposing BMW’s request for summary judgment, Dawsey said that she only began looking for other opportunities after communication about the changes became “chaotic” and she wanted “to see if there were alternatives if she was left out.”

Dawsey pointed out that she only accepted employment elsewhere after BMW told her she would be moved to a job that she considered a demotion.

Major questions left up to the jury included whether BMW’s policy of requiring a German in the chain of command violated Title VII and whether moving Dawsey to another role would have been a demotion that could be considered an adverse employment action.

“BMW’s position is that she was being moved laterally, but the testimony, the argument was that position was a lower classification and the plaintiff had worked there for a long, long time,” Summerlin said. “And she was aware that that job was basically a black hole and nobody got promoted out of that position. She knew ‘If they stick me there, that’s basically the end.’ ”

A judge ruled against BMW on its motion for summary judgment, and the case moved forward, eventually ending in a trial.

On Feb. 25, a jury in the Greenville federal courthouse sided with Dawsey.

A hearing on economic damages is scheduled March 13.

Disclaimer:

This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.
Law Firm Spartanburg, SC

Service Areas